Court orders release of jailed real estate mogul

Court News 2014/12/31 10:25   Bookmark and Share
A federal appeals court ordered the release Wednesday of a real estate mogul who was jailed last week in Montana after being found in contempt of court over his sale of a Mexico resort.

The ruling by the 9th U.S. Circuit Court of Appeals comes after onetime billionaire and Yellowstone Club founder Tim Blixseth, 64, was jailed Thursday for not giving U.S. District Judge Sam Haddon a full accounting of a 2011 hotel property sale for $13.8 million.

Blixseth's attorneys argued that the jailing was unconstitutional because Haddon had not given enough details about what he wanted. Attorney Philip Stillman said Blixseth was "elated" with the ruling and hoped to be home in Washington state by Wednesday afternoon.

"This is truly a great Christmas for Mr. Blixseth," Stillman said.

A two-judge panel of the 9th Circuit said that Haddon's incarceration order will be put on hold for 30 days while Haddon gives more specific instructions to Blixseth on how he can comply with his earlier order.

Blixseth sold the property in defiance of a court order. Haddon first demanded answers on where the money went in February.

Creditors are trying to collect on $241 million in judgments against Blixseth stemming from the Yellowstone Club's bankruptcy. The Montana resort he started in the 1990s is now under new ownership.
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US Supreme Court takes case, but plaintiff missing

Headline Legal News 2014/12/31 10:25   Bookmark and Share
When the U.S. Supreme Court agreed to take Bobby Chen's case involving a run-down Baltimore row house razed by the city, it looked past the fact he was too poor to pay the court's filing fee and had no attorney. But now Chen can't be found, something unheard of at the nation's highest court.

The Supreme Court agrees to take less than 1 percent of the roughly 10,000 petitions it receives every year, but it was even rarer for the court to take a case like Chen's. On average, the court takes just 10 petitions a year like his, in which the party making the request is too poor to pay the court's $300 filing fee.

But since the court agreed to take Chen's case in November, he hasn't surfaced. Dec. 22 was Chen's deadline to mail his main legal brief in the case. The court hadn't heard from him as of Tuesday, said Supreme Court spokeswoman Kathy Arberg.

The court's Clerk's Office, which corresponds with parties who have a case before the court, has tried to reach Chen by letter and email. But it's not clear he got the messages, Arberg said. And he didn't list a phone number when he asked the court to take his case. The Associated Press also tried to reach Chen by email, but the message bounced back as undeliverable. Efforts to find a telephone number were also unsuccessful.
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Michigan Defense Lawyer

Attorney News 2014/12/17 09:52   Bookmark and Share
The attorneys at the Davis Law Group, PLLC are former prosecutors who have dealt with a wide variety of cases, from minor traffic stops to homicide. As a criminal defense firm, we work in the Metro Detroit area, including Oakland, Wayne, and Macomb County.

We are entirely dedicated to achieving the best scenario for your case. With extensive trial experience in the Metro Detroit courtrooms, we are familiar with their practices. This gives our clients a huge boost in fighting their charges, altering their ultimate legal fate.

Our attorneys are solely concentrated on defending the constitutional rights of our clients no matter where they are. If you or someone you love has been charged with a crime, you understand what is at stake. We are the experienced firm that can create favorable results.

Call us any time for no-cost consultation, as we always have at least one attorney on call. We are here 24/7 to assist you, even to attend a consultation in jail. All major credit cards are accepted.
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Woman at center of 1961 Supreme Court case dies

Court News 2014/12/11 11:38   Bookmark and Share
A woman who stood up to police trying to search her Ohio home in 1957 and ultimately won a landmark Supreme Court decision on searches and seizures has died.

Dollree Mapp died Oct. 31 in Conyers, Georgia. A relative and caretaker, Carolyn Mapp, confirmed her death Wednesday and said she died on the day after her birthday at the age of 91.

Mapp's Supreme Court case, Mapp v. Ohio, is a staple of law school textbooks and considered a milestone case on the Fourth Amendment, which requires law enforcement officers to get a warrant before conducting a search. The case curbed the power of police by saying evidence obtained by illegal searches and seizures could not be used in state court.

Mapp's path to the U.S. Supreme Court began on May 23, 1957, when three Cleveland police officers arrived at her home. There had just been a bombing at the home of Don King, who later became famous as a boxing promoter, and police believed that a person wanted for questioning was hiding in Mapp's home. The officers demanded to enter, but Mapp refused to let them in without a search warrant. More officers later arrived and police forced open a door, according to a summary of the case in the Supreme Court opinion.

When the officers confronted Mapp, one held up a piece of paper, claiming it was a warrant, and Mapp snatched it away. After a struggle an officer got the paper back, Mapp was handcuffed for being "belligerent," and officers searched her home. They didn't find the person they were looking for, but they did find some pornographic books and pictures. At the time, an Ohio law made having obscene material a crime, and Mapp was convicted, though she said the materials belonged to a former boarder. Prosecutors never produced a search warrant at trial.

Ultimately, the Supreme Court overturned Mapp's conviction in a 6-3 decision, ruling in 1961 that illegally obtained evidence could not be used in state court. The court had previously ruled that this was the case in federal court, but Mapp's case extended the "exclusionary rule" to states where the vast majority of criminal prosecutions take place, broadening the protection.
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Post reporter charged in Iran after day in court

Court News 2014/12/08 14:00   Bookmark and Share
A Washington Post reporter detained in Iran for more than four months was formally charged Saturday after a day-long proceeding in a Tehran courtroom, the newspaper reported.

Jason Rezaian, the newspaper's bureau chief in Tehran since 2012, appeared in court almost five months after he was arrested July 22. The charges were the first against him since the arrest, the Post said. He is an Iranian-American who holds dual citizenship.

The newspaper, quoting a source familiar with the case, said the nature of the charges against him were not immediately clear to those not present in the courtroom. The State Department has repeatedly raised the subject of Rezaian and other Americans jailed in Iran during talks with the government about a deal to curb Iran's nuclear capacity and ease international sanctions.

The State Department tweeted early Sunday that Secretary of State John Kerry was "disappointed and concerned" with the latest developments and called on the Iranian government to drop any charges against Rezaian "and release him so he can be reunited with his family."

His detention has been extended to mid-January in recent days because the investigation is continuing, the Post said.
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Houston Personal Injury Lawyers

Legal Insight 2014/12/08 13:59   Bookmark and Share
An Employer in Texas is obligated to make sure your workplace is safe, that you have competent co-workers, and that you receive proper training and supervision, in addition to following other policies for your safety. Negligence on their watch may result in injuries, ranging from fall, burn, and crush injuries, to broken bones, amputation, and
death. Without proper protection from pinch points, machines, and the assistance of coworkers, you may be in danger. Other hazards include improper fall protection, ladders without safety cages, and poor housekeeping with tripping hazards.

Even if you are receiving workers’ compensation payments for your injuries, and you have been told you are barred by the workers’comp bar, you may still have a claim against a third party for creating or failing to remedy the hazard, such as a general contractor or
contractor, product manufacturer or safety consultant.

You may have a claim against a third party for making a hazard in your workplace, even if you are already receiving workers' compensation payments. Even if you have been told you are barred by the "workers' comp bar," a safety consultant or general contractor may be to blame.

You may have signed a pre-injury waiter, but there is change it is not enforceable. Call one of our personal injury lawyers in Houston, Texas to have questions answered or a case reviewed.

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